Custody death produces new police recording rules

A family photograph shows John Kriewaldt, who died after striking his head in a squad car on his way to the Milwaukee County Mental Health Complex last year. His death has led to proposed new standards for recording officers’ interactions with the public. Credit: Gary Porter

Nov. 20, 2013

SHARE

Special Report

Chronic Crisis: Milwaukee County's mental health system focuses less on continual care and more on emergency treatment than any in the nation. Despite scandals, studies and promises of reform, the system is like many of its patients: It never gets better.

As a result of the death of a mentally ill man in police custody last year, the Milwaukee Police Department has set new standards for recording officers' interactions with the public.

The new rules, which will be presented to the Fire and Police Commission for approval Thursday, require officers to use squad car cameras and body microphones more often. It also warns officers that they will be disciplined if they fail to use the recording devices.

But because only about half of police vehicles are equipped with recorders, many incidents still will not be recorded.

Cameras activate automatically only if an officer engages the emergency lights or sirens. The existing Police Department rules say officers must turn on the cameras manually during pursuits, traffic stops and any time a citizen is placed in the vehicle.

The new rules add to that list roadside field sobriety testing and field interviews, in which police stop and question people they believe are suspicious.

Also in the past, officers who did not follow the rules — including in the case of John Kriewaldt — were not routinely disciplined. That, too, will change, commission Executive Director Michael Tobin said.

Kriewaldt, who was taken into custody in July 2012 for causing a disturbance at a group home for people with mental illness, injured himself by banging his head against the metal support for the Plexiglas window between the front and back seats of a squad car.

His heart stopped before paramedics arrived, and he died at a hospital.

In its review of the case, the commission determined the officer did not have a chance to activate the recording equipment because the car's engine was not running.

Before the officer had a chance to start the car and turn on the camera, he noticed Kriewaldt was banging his head against the partition and got him out, the commission report says.

As a result, the commission recommended that the Police Department review its policy to figure out if something should be done to allow camera activation in squad cars that are not running.

Instead, the new policy reiterates that officers must turn on the system, and it specifically states that those who do not will be subject to discipline.

"My recommendation was to fix that problem," Tobin said. "This specifically directs officers to turn it on as soon as someone is placed into the squad. If you have to turn the engine on, then you must do that."

Another element of the policy change removes officers' discretion in when to turn on the microphones attached to their uniforms. Only officers whose cars have cameras wear microphones.

"Microphones are part of the squad equipment, and they must be turned on," Tobin said. "It's clear that discipline will result if the officer fails to turn that microphone, and that was not clear in the last policy."

Of the department's 334 vehicles, 180 are equipped with recording devices, which were recently upgraded to new digital units, according to the Police Department.

The Police Department has no plans to install cameras in the remaining 154 vehicles, Lt. Mark Stanmeyer said. Rather, as the cars age and are replaced, cameras will be installed in the new cars.

A key benefit to the new digital devices is that they use a wireless Internet connection to begin uploading automatically as officers reach the station, Tobin said. The old units had to be plugged into the wall for download, increasing downtime for officers.

The new units also are manufactured to continue recording for 41/2 minutes after the incident is over and cannot be turned off by officers.

The recordings protect both community members and officers, Tobin said.

"It's another step forward in increasing the accountability of the Police Department and increasing trust in the community," Tobin said.